BILL NUMBER: S5564

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act in relation to implementing a moratorium on mining within certain
special groundwater protection areas where either the department of
environmental conservation or a county health department has issued a
written determination to the owner or operator of the mine that opera-
tion of the mine has caused or is contributing to one or more exceedanc-
es of state or federal maximum contaminant level applicable to drinking
water or groundwater resources; and providing for the repeal of such
provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

Residents on Long Island draw their primary source of drinking water
from a federally designated sole source aquifer. Proactive measures must
be taken to protect this precious natural resource from potential sourc-
es of contamination.

This legislation implements a three-year moratorium on mining within
              

special groundwater protection areas where either the Department of
Environmental Conservation or a county health department has issued a
written determination to the owner or operator of the mine that opera-
tion of the mine has caused or is contributing to one or more exceedanc-
es of state or federal maximum contaminant level applicable to drinking
water or groundwater resources. The legislation would apply only within
counties with a population of one million or more which draw their
primary source of drinking water for a majority of county residents from
a designated sole source aquifer (Long Island).

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Provides for a moratorium on the operation of a mine within a
special groundwater protection area, designated pursuant to subdivision
one of Section 55-0113 of the Environmental Conservation Law, and
permitted by the New York State Department of Environmental Conservation
(DEC), where either the DEC or a county health department has issued a
written determination to the owner or operator of the mine that opera-
tion of the mine has caused or is contributing to one or more exceedanc-
es of state or federal maximum contaminant level applicable to drinking
water or groundwater resources. Cessation of mining operations as
required by this section shall commence within twenty-four hours of
receipt by the mine owner or operator of such written determination.

Section 2. Provides that the act shall take effect immediately and be
deemed repealed three years after enactment.

 
JUSTIFICATION:

Inadequate regulation of mining presents a threat to the drinking water
supply in locations like Long Island which draw their primary source of
drinking water from a designated sole source aquifer. One example is the
Sand Land mining operation in the Town of Southampton. Sand Land is
located in a residential area. It is also within a Special Groundwater
Protection Area designated by the State of New York. Both surface water
and groundwater have been contaminated on the site far exceeding state
and federal drinking water standards. The Suffolk County Health Depart-
ment conducted an investigation and released a report in June 2018 docu-
menting the level of contamination at the site.

The report indicated that serious contamination of groundwater has
occurred with numerous contaminants including chemicals, radiation and
heavy metals. The Suffolk County Health Department found iron, manga-
nese, thallium, sodium, nitrate, ammonia, and radioactivity in the deep-
est part of the underground aquifer below the sand mine. Iron was found
at concentrations over 200 times the drinking water standard. Manganese
was found at concentrations nearly 100 times the standard.

Subsequently, a Grand Jury was empaneled in Suffolk County between July
18, 2018 and August 2, 2019 regarding illegal dumping and sand mining.
Over that time, testimony was heard, and evidence was reviewed that
highlighted the importance of protecting the environment of Suffolk
County from illegal dumping and sand mining.  With regard to sand
mining, the Grand Jury made findings that additional regulation over
mining activities was necessary within counties with a population of one
million or more which draw their primary source of drinking water for a
majority of county residents from a designated sole source aquifer in
order to protect the region's water quality.

In July 2020, the State Legislature passed sensible legislation that
would have implemented the Grand Jury's recommendations and given local
governments on Long Island concurrent jurisdiction with the State over
sand mining on Long Island. This was identical to the regulatory frame-
work of concurrent jurisdiction that the DEC shares with local govern-
ments over wetlands protection. The Governor ultimately vetoed the
legislation (Veto  73 of 2020) and instead directed the DEC, in consul-
tation with the Department of Health, to conduct a study on the impacts
to groundwater quality resulting from sand mining on Long Island and
issue its findings to the public after three years.

Unfortunately, this approach does nothing to address the immediate
concerns of the towns located on Long Island's east end that continue to
challenge state mining approvals issued by the DEC for failing to
consider local laws and regulations that protect our environment. The
hundreds of millions of dollars being spent to reverse the trend of
declining water quality are a wasted investment if, at the same time,
polluters are permitted to conduct business as usual.  This legislation
would place a moratorium on mining at sites where the DEC or a local
health department had documented contamination that exceeded state or
federal drinking water or groundwater standards. It would be deemed
repealed three years after taking effect to coincide with the findings
of the State's study.  Enactment of this legislation would not pose any
threat to the operation of responsible sand mines that are critical to
Long Island's economy. The only negative impact would borne by polluters
that compromise our most precious natural resource and our public
health.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.